HomeMy WebLinkAboutAgenda - 10-03-2000-5eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 3, 2000
Action Agen a
Item No. - e,
SUBJECT: Assessment of Civil Penalties -Bobby F. Patillo Zoning Violation _~
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Notice of Zoning Violation (3-4)
Photograph of Zoning Violation (5)
Notice of Continuing Zoning Violation (6-7)
Request for Assessment of Civil Penalties (8-9)
Resolution (10)
INFORMATION CONTACT:
Tom King, Planner II, ext. 2607
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331.
Meban® 336-227-2031
PURPOSE: To consider the approval of a resolution regarding the assessment of civil
penalties for a continuing zoning violation. The zoning violation entails both the failure
to completely remove an existing mobile home from the property and the failure to
obtain a permit for a mobile home recently located on the property.
BACKGROUND:
The following events have led to the neccesity to assess civil penalties in relation to this
matter:
• June 29, 2000 -Complaint filed with Planning Department by telephone and
personal visit to office.
• June 30, 2000 -Site inspection performed by building inspector. Violation verified.
Stop Work Order posted on site.
• August 1, 2000 - No change in violation. No Building Permit for new home.
• August 2, 2000 -First Notice of Zoning Violation mailed to property owner via
certified mail, return receipt requested. Property owner is requested to remove old
home by August 11, 2000. (see Attachment 1)
• August 15, 2000 -- Second site inspection performed. Violation continues to exist.
Photograph of violation taken (see Attachment 2).
2
• August 16, 2000 -Notice of Continuing Zoning Violation sent to property owner via
certified mail, return receipt requested (see Attachment 3). Property owner given
until August 25, 2000 to remove old home from the property. Property owner is also
notified that if not removed on or by that date, the Zoning Enforcement Officer will
request the Board of County Commissioners to assess civil penalties beginning June
17, 2000. Property owner is also notified of appeal procedure to the Board of
Adjustment.
• September 18, 2000 -Third site inspection performed. Violation continues.
• September 19, 2000 -Properly owner is notified that Zoning Enforcement Officer
will request that the Board of County Commissioners assess civil penalties in the
amount of $$,100.00 (81 days total at $100.00 per day) far the violation (see
Attachment 4). Property owner is also notified of date error in previous Notice of
Continuing Zoning Violation. Beginning date of assessment should be June 30,
2000 rather than June 17, 2000. Notice is sent via certified mail, return receipt
requested. No Building Permit on file for new home at this point.
FINANCIAL IMPACT: If the Board determines to pursue the civil penalties, the
additional revenue to the county would total $8,100.00.
RECOMMENDATION(S): The Administration recommends that the Board approve the
resolution, regarding the person being held in violation and assessed the civil penalties
that have accrued from June 30, 2000 to September 18, 2000.
ATTACHMENT 1
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning
(919) 245-2575
(919) 644-3002 (FAx)
www.co.orange.nc.us
3
306E Revere Road
P O Box 8181
Hillsborough,
North Carolina, 27278
August 1, 2000
Bobby Forest Patillo
2106 Jo Mac Road
Chapel Hill, NC 27516
RE: NOTICE OF ZONING VIOLATION
Dear Mr. Patillo:
A Stop Work Order was issued for a manufactured home being located on your property
without a Building Permit. The property is located at 2106 Jo Mac Road and is
identified by the Orange County Tax Department as Tax Map #6.28..33. The property is
zoned RB (Rural Buffer)/UNIV-PW (University Lake Protected Watershed).
Section 21.4 (Zoning Compliance Permit Required) of the Orange County Zoning
Ordinance states that "~l]t shall be unlawful to begin the excavation for the construction,
the moving, alteration, or repair, except ordinary repairs, of any building or other
structure,...until the Zoning Officer has issued for such work a Zoning Compliance
Permit which includes a determination that plans, specifications and the intended use of
such structure does in all respects, conform to the provisions of this Ordinance. "
I am aware that an Existing Septic System Inspection application has been filed with the
Orange County Environmental Health Department. In light of this, I trust that you are on
your way to making application for a Building Permit for the new home.
However, it has been reported to this office that the old manufactured home that was on
the property has been pulled out and placed next to Utopia Club Road (private). This
home will need to be removed from the site on or before August 11, 2000. Failure to
remove the old home may affect the issuance of a Building Permit for the new home.
2
Please call me at (919) 245-2607 if you have any questions. Thank you for your
attention to this matter.
Sincerely,
Tom King
Planner II/Zoning Enforcement Officer
co: Susan Mellott, Code Enforcement Supervisor
,' Harmony Whalen, Orange County Attorney's Office
Zoning Violation File (Patillo.fi28)
m @~wrnrn_
~ vcrvvCn:
~y • Complete items land/ar 2 For additional services:
m Complete items 3, and. 4a & b.
` Print your name and address on the reverse of this form so that we can
m return this card to you.
y • Attach this form to the front of the mailpiece, or an the back if space
"' does not permi[.
s Write "Return Receipt liequested" on the mailpiece below the article number
+' • The Return Receipt will show to whom the article wes delivered and the date
G delivered.
also wish to receive the
following services (for an extra
fee-: •~
1. ^ Addressee's Address ~
2. ^ Restricted Delivery
Consult ostmaster far fee. r'
m 3. Article Addressed ta:. 4a. Article Number ~
m /3 ~6 - herd ~ /e9 6so 937
~, ~ ~ st /'~•~'//o
o Z~OF. Te. ~~ ~•. 4b. Service Type
~ Gh ^ Registered
N w~~~ ~•~~% .~/G ~ ~5/ 6 .Certified
a r ^ Express Mail
D
OQ - /1/ ~ 7. Date of-~Delive
~ 5. Sig toe dr 1 ~l _ 8. Addres e's Adi
~ ~ (? and fee is paid)
~ 6. Slgnat re (Age t)
0
a
^ Insured m
~
^ COD c
^ Return Receipt for ~
Me
rchandise
r~
J
~ w
0
.. rYC
n..
IQnly if requested x
c
e~
z
H
w PS Form $891, December 1991 al1.S.GPi]:t992-32~~02 ppMESTIC RETURN RECEIPT
ATTACHMENT 2
LOOKING SOUTH DOWN UTOPIA CLUB ROAD (PRIVATE)
.~ - -
- •:__
..,-_- _
:~~ ^._
5
PHOTOGRAPH TAKEN 8-15-2000
ATTACHMENT 3
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
°„°~e a.
Current Planning b` ~, ~; ~-,0~' ~ 306E Revere Road
(919) 245-2575 ~r ~ ~~ _ P O Box 8181
(919) 644-3002 (F,ax) ~,° ~ Hillsborough,
www.co.orange.nc.us °~.~ ~s~o~~°° North Carolina, 27278
August 16, 2000
Mr. Bobby F. Patillo
2106 Jo Mac Road
Chapel Hill, NC 27516 CERTIFIED MAIL RETURN RECEIPT RE VESTED
NOTICE OF CONTINUING ZONING VIOLATION
Dear Mr. Patillo:
Our records indicate that you received a Notice of Zoning Violation dated August 1,
2000 that required that the singlewide manufactured home that has been located on
your property (2106 Jo Mac Road) adjacent to Utopia Club Road (private) be removed
on or by August 11, 2000. The home in question is the one that has been pulled out
and placed next to the gravel, private road.
As of the date of this letter, this ofi'ice has received no response to the aforementioned
correspondence. Also, a site inspection performed on the afternoon of August 15, 2000
indicates that there. has been no change in the status of the violation.
Based on this, I am requesting that you remove the manufactured home from the site on
or by August 25, 2000. If this request is nat carried out, this ofFce will request the
Board of County Commissioners to assess you civil penalties in the amount of $100.00
per day, beginning vn June 17, 2000,. and continuing daily until the violation is
corrected. Each day's continuing violation is a separate and distinct offense. Further,
any appropriate action or proceedings to prevent the unlawful use, to restrain, correct or
abate. the violation, or to prevent any illegal use in or about the premises may be
instituted against you.
Please be advised that you, have the right to appeal this Notice to the Orange County
Board of Adjustment within thirty (30) days of your receipt of this Notice.
6
2
Please call me at (919) 245-26D7 if you have any questions. Your prompt attention to
this matter is greatly appreciated.
Sincerely,
~~
Tom King
Planner II/Zoning Enforcement Officer
cc: Harmony Whalen, Orange County Attorney's Office
Zoning Violation File (Patillo.628)
9 . SENDER:
'y' • Complete items Land/or 2 for additional services.
® Complete items 3, and 4a & b.
• Print your name and address on the reverse of this form so that we can
~ return this card to you.
~ • Attaeh thin form td the front of the mailpiete, or on the back if space
does not permit.
~ Write "Return Recei t R
t p e4uasted" on the mailpiete bebw the article number
'~ • The Return Receipt will show to whom the article was delivered and the date
O delivered.
m 3.. Article Addressed to: 4a. Art
I also wish to receive the
following services (for an extra
feel: •~
1. ^ Addressee's Address °'
2. ^ Restricted Delivery °•
a ~'"-. i~a~~, ~ pw.t:/la . 7oyfq 3zza oeo6
o Z/o~ Sa C
y
rnl ~i4~ ~ ~ ~~~~
~ J
W
a
~~ 46. Service Type ar
~~// ^ Registered ^ Insured ~
NC Z~$~6 Certified ^ COD c
^ Express Mail ^ Return Receipt for ~
~ Merchandise L
7. Date pt~ iver~y ,~
5. $ignatura IAddresseel o
8. Addre sea's Address (Only if requested x
W , n and f e is paid) W
~ r
~ H
0
T
w
m
ter for fee. ~'
r~
S3s~ 3z~s
N Rt=CEIPT
ATTACHMENT 4
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedic#, AICP, Director
coynt~ ci b„
Current Planning ~~` + ~ , 'P 306E Revere Road
(919) 245-2575 ~r ~. P O BOX 8181
(919) 644-3002 (FAx) '" y Hillsborough,
www.co.orange.nc.us ~'°~~~ ~,<e~~°° North Carolina, 27278
September 19, 2000
Mr. Bobby F. Patillo
2106 Jo Mac Raad
Chapel Hill, NC 27516 CERTIFIED MAIL RETURN RECEIPT RE UESTED
NOTICE OF REQUEST FOR ASSESSMENT OF CIVIL PENALTIES
Dear Mr. Patillo:
This office received a complaint on June 29, 2000 regarding a singlewide manufactured
home that had been placed on your property at 2106 Jo Mac Road (Orange County Tax
Map #6.28..33). Subsequent to that complaint, an inspection of the site was performed
on June 30, 2000 by an Orange County building inspector. The inspection revealed that
a manufactured home, located on the same lot as a single family dwelling, was being
replaced without a Building Permit, and .that the. old manufactured home had been
pulled out and placed along Utopia Club Road (private). At that time the Inspector
posted a Stop Work Order on the site. As of this date, the new manufactured home
does not have a. Building Permit.
A Notice of Zoning Violation dated August 1, 2000 requiring that the singlewide
manufactured- home be removed on ar by August 11, 2000 is recorded as being
received. at your address an August 3, 2000. No response was received from that
correspondence.
A second site inspection was performed on August 15, 2000. The manufactured home
was still located on the properly in violation. A Notice of Continuing Zoning Violation
was delivered to the above referenced address. Our records indicate that it was
received on August 18, 2000. The Notice requested that the manufactured home be
removed from the site on or by August 25, 2000. The Notice also stated that "this office
would request the Board of County Commissioners to assess you civil penalties in the
2
amount of $100.00 per day beginning on June 17, 2000 (see note below) and
continuing daily until the violation is corrected."
A third inspection was made of the site on September 18, 2000, and revealed that there
has been no change in the situation. Therefore, I will request that the Board of
Commissioners asses you civil penalties in the amount of $8,100.00. This amount
reflects a total of eighty-one (81) days since, and including, June 30, 2000, as well as
the date of the last inspection (September 18, 2000). I will be forwarding the request to
the Board of Commissioners so that it may be placed on the October 3, 2000 meeting
agenda.
NOTE: Please be informed that there was an error in the Notice of Continuing Zoning
Violation (dated August 16, 2000) that you received. The error was in the date at which
civil penalty assessments would begin. The notice stated that assessment would be
from June 17, 2000. The date should have read June 30, 2000.
Please call me at (919) 245-2fi07 if you have any questions ar the violation has been
corrected.
Sincerely,
Tom King..
Planner II/Zoning Enforcement Officer
cc: Harmony Whalen, Orange County Attorney's Office
Zoning Violation File (Patillo.628)
9
-,.,r.. . _ .... - - -
zo
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES
BOBBY F. PATILLO ZONING VIOLATION CASE
WHEREAS, Article 23 (Violations. Penalties, andRemedies), Section 23.1 (Violations)
of the Orange County, NC Zoning Ordinance states that "[W]henever, by the provisions
of this Ordinance, the performance of any act is prohibited, or whenever any regulation,
dimension or limitation is imposed on the use of any land, or on the erection or
alterations or the use or change of use of a structure, or the uses within such structure,
a failure to comply with such provisions of this Ordinance shall constitute a separate
violation and a separate offense.", and
WHEREAS, Article 23 (Violations Penalties and Remedies), Section 23.2(b) (Civil
Penal ) of the Orange County, NC Zoning Ordinance allows for the assessment of civil
penalties in the amount of $100.00 in securing the abatement of violations of the
Ordinance, and
WHEREAS, Article 23 (Violations. Penalties. and Remedies), Section 23.2(b} (Civil
Penal ) of the Orange County, NC Zoning Ordinance states that "[N]o penalty shall be
assesses until the person alleged to be in violation has been notified of the violation by
registered or certified mail, delivery restricted to addresses only, return receipt
requested, or other means reasonably calculated to provide actual notice to the
offender. The notice shall describe the violation with reasonable particularity, specify a
reasonable time period within which the violation must be corrected and warn that
failure to correct the violation within the time period will result in the assessment of a
civil penalty.", and
WHEREAS, Article 23 (Violations. Penalties and Remedies), Section 23.2(b) (Civil
Penal ) of the Orange County, NC Zoning Ordinance states that "[I]n the event the
violation is not corrected within the time period provided in the notice, the Orange
County Board of Commissioners shall make written demand for payment upon the
person responsible for the violation, and shall set forth in detail a description of the
violation for which~the penalty has been invoked.",
AND WHEREAS, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY MAKE
THE FOLLOWING FINDINGS OF FACT:
1. Bobby F. Patillo is the owner of the property with a street address of 2106 Jo
Mac Road, Chapel Hill, North Carolina 27516 (hereafter the "property").
2. The Orange Gounty Planning Department received a complaint on June 29, 2000
regarding a singlewide manufactured home located at 2106 Jo Mac Road.
3. On June 30, 2000, an inspection was made by an Orange County building
inspector, and this inspection revealed that a manufactured home was being
replaced without a Building Permit. The building inspector posted a Stop Work
1i
Order on the site. To date, no Building Permit has been issued for the placement
of the manufactured home.
4. A Notice of Zoning Violation dated August 1, 2000 was mailed to the property
owner's address. The Notice was received on August 3, 2000 by Bobby F.
Patillo.
5. A second site inspection was performed on August 15, 2000 by the Zoning
Enforcement Officer. The manufactured home remained on the property. A
Notice of Continuing Violation was then delivered to the property, and was
received on August 18, 2000 by Josephine Patillo. This Notice required that the
manufactured home be removed from the site on or by August 25, 2000.
6. A third inspection took place on September 18, 2000. At that time, the
manufactured home remained on the property.
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners hereby finds that Bobby F. Patillo is in violation of the Orange County
Zoning Ordinance and that this violation has been ongoing since June 30, 2000, and
that each day's violation is a separate and distinct offense. Bobby F. Patillo is indebted
to Orange County, North Carolina in the amount of $8,100.00 for violation of Section
21.4 (Zonin Com liance Permit Re uired) and Section 6.3.2(1) (Principal Structures),
of the Orange County, NC Zoning Ordinance.
IN WITNESS WHEREOF, Orange County has duly caused this instrument to be
executed under seal this the day of October, 2000.
Commissioner moved passage of the immediately
foregoing Resolution, and Commissioner seconded
the motion, and the Resolution was passed by the following vote:
Ayes:
Nos: